Ben Roberts-Smith, the decorated Victoria Cross recipient facing serious war crime allegations, has successfully obtained a variation to his bail conditions, permitting him to communicate with his ex-wife Emma Roberts. This legal adjustment was granted to facilitate arrangements for him to see their 15-year-old twin daughters.
Court Approval for Contact
Judge Susan Horan approved the bail variation on Thursday at Sydney's Downing Centre Local Court. The modification allows Roberts-Smith to contact Ms Roberts via email specifically to discuss and confirm plans regarding their daughters. Previously, one of his bail conditions prohibited contact with 'certain persons,' which appeared to include his ex-wife.
Background of the Relationship
Roberts-Smith and Emma Roberts separated in June 2020, sold their Gold Coast marital home for over $2 million in December that year, and finalized their divorce in February 2021. Following the split, Ms Roberts dropped the 'Smith' from her surname. Initially, she supported her then-husband when he was accused of war crimes by Nine newspapers in 2018 reports. However, she later changed her stance, providing evidence against him during Federal Court proceedings, which he ultimately lost.
During those proceedings in June 2021, Roberts-Smith expressed his dismay, stating, 'It is very sad that my wife has involved herself in these proceedings, Your Honour.' He added, 'And I take absolutely no joy in describing my wife in any way that is negative but the reality is she is extremely bitter. She has done things along the way that have been detrimental to my family, and particularly to me, because she thinks it will hurt me.'
War Crime Allegations
Roberts-Smith is charged with five counts of 'war crime - murder,' allegedly committed while serving with the Special Air Service in Afghanistan between 2009 and 2012. The charges carry a maximum penalty of life in prison, and he has consistently denied any involvement in unlawful killings.
The allegations, detailed in a statement of facts released by Judge Greg Grogin last Friday, include specific incidents. In one case from April 12, 2009, at a compound called Whiskey 108, Roberts-Smith is accused of shooting an Afghan detainee named Ahmadullah multiple times and ordering a subordinate, referred to as Person 4, to shoot another detainee, Mohammad Essa.
Further Charges and Arrest
Another charge relates to an incident on September 11, 2012, in Darwan village, where Roberts-Smith allegedly kicked a man named Ali Jan off a cliff and ordered Person 11 to shoot him. Two additional charges involve a mission on October 20, 2012, in Syahchow village, where he is accused of ordering Person 66 to shoot a prisoner.
The Commonwealth Director of Public Prosecutions has indemnified four witnesses—former soldiers Person 4, Person 8, Person 56, and Person 66—who have admitted to killing prisoners. Roberts-Smith was arrested by the Australian Federal Police and the Office of the Special Investigator on April 7 as he prepared to disembark a Qantas flight from Brisbane at Sydney Airport. At the time, the 47-year-old was on a day trip to take his daughters shopping as a school holiday treat, accompanied by his partner Sarah Matulin.
Legal and Personal Context
Despite the serious charges, Roberts-Smith had previously offered to present himself to a police station if authorities intended to arrest him. The bail variation highlights the ongoing legal and personal complexities he faces, balancing his parental responsibilities with the gravity of the accusations against him.
As the case progresses, the focus remains on both the alleged war crimes and the personal dynamics between Roberts-Smith and his ex-wife, underscoring the multifaceted nature of this high-profile legal battle.
